Running Head: NEVADA EDUCATION CLAUSE AND SECTIONS 1

Nevada Education Clause and Sections

Dalia Miguez
Edu 210
College of Southern Nevada
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Nevada Education Clause and Sections

Nevada is in the 9th circuit court of appeals. If one is trying to find the “Education”

section in The Constitution of the State of Nevada, one needs to go down to article eleven. There

are ten sections total under this article. The sections are the following: legislature to encourage

education, appointment, term and duties of superintendent of public instruction, uniform system

of common schools, pledge of certain property and money, escheated estates and fines collected

under penal laws for educational purposes, apportionment and use of interest, establishment of

state university, control by board of regents, establishment of normal schools and grades of

schools; oath of teachers and professors, support of university and common schools by direct

legislative appropriation, priority of appropriations, Board of Regents: Election and duties,

immedicatiate organization and maintenance of state university, sectarian instruction prohibited

in common schools and university, and no public money to be used for sectarian purposes. I will

be fully explaining each of the sections in the following paragraphs.

The first section goes by the title “Legislature to Encourage Education, Appointment,

Term and Duties of Superintendent of Public Instruction.” What this means in that Education is

just as important as any other article in the Constitution of Nevada and it should be encouraged

and a law for children and adults to receive basic and superior education. Also, that Education

should have a Superintendent of Public Instruction that follows the same laws of appointment,

term of office, and duties as anyone who withholds that position.

The second section goes by the title “Uniform System of Common Schools.” This allows

public money to be able to fund to establish and maintain schools running for at least six months
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out of the year. This section also states that any public school that demonstrates a sectarian

behavior may be deprived from the public school fund.

The third section goes by the title “Pledge of Certain Property and Money, Escheated

Estates and Fines Collected Under Penal Laws for Educational Purposes, Apportionment and

Use of Interest.” This section explains that all lands granted to congress for educational purposes

such as building schools, universities, or departments must only be used for educational purposes

and if escheated, given, bequeathed, or sold that percentage must only be used for educational

purposes.

“Establishment of State University, Control by Board of Regents” is the fourth section.

Under this section it is noted that the legislature should provide the state of Nevada with a

university. It also states that the university should embrace departments such as agriculture,

mechanic arts, and mining and shall all be controlled by a Board of Regents.

The fifth section is the “Establishment of Normal Schools and Grades of Schools, Oath of

Teachers and Professors.” This section explains how the legislature has the power to establish

schools for grades k-12 and universities there after. As we now see, this is seen with the many

elementary, middle, and high schools we see in the state of Nevada. It also states that all teachers

who which to teach any of these grades of professors who wish to teach at any of these

universities must take and subscribe to the Oath of Teachers and Professors. Any teacher of

professor who fails to comply and do so shall not be entitled to receive and form of payment set

apart for school purposes.

The sixth section, “Support of University and Common School By Direct Legislative

Appropriation; Priority of Appropriation,” is divided into six clauses. The first one is talking
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about how universities and common schools should have support and maintenance. The second

one mentions that the Legislature should have fundings for public schools in the state from

grades kindergarten to twelve. The third one speaks about how it is required by subsection 2 to

fund education for the next ensuing biennium and the first day of that next ensuing biennium.

The fourth mentions that only during a special session of the Legislature that is held in a

biennium for which the Legislature has not enacted the appropriation required by subsection 2 to

fund education for the biennium in which the special session is being held, before any other

appropriation is enacted other than appropriations required to pay the cost of that special session.

The fifth clause notes that any appropriation of money enacted in violation of subsection 2, 3 or

4 is void. Lastly, the sixth clause notes that “biennium” means a period of two fiscal years

beginning on July 1 of an odd-numbered year and ending on June 30 of the next ensuing

odd-numbered year.

“Board of Regents: Elections and Duties” is the seventh section. This section is stating

that the Governor, Secretary of State, and Superintendent of Public Instruction, should for the

first four years be held in position and until their successors are elected and qualified constitute a

Board of Regents to control and manage the affairs of the University and the funds of the same

under such regulations as may be provided by law.

The eighth section, “Immediate Organization and Maintenance of State University,”

explains how the Board of Regents has the duty of organizing and maintaining such Universities

with the first funding in an effective and useful manner.

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The ninth section goes by the title of “Sectarian Instruction Prohibited In Common

Schools and University.” This section states that no sectarian instruction or behavior shall be

tolerated at any common grade school or university.

The tenth section, “No Public Money To Be Used For Sectarian Purposes”, is stating that

no public funds of any kind, whether it is State, Country, or Municipal, should be used at all for

sectarian purposes.

These are the ten sections under the “Education” article which is the eleventh article

under the Constitution for the State of Nevada explained to the best of my understanding.
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REFERENCES

(n.d.). Retrieved January 22, 2018, from

http://wps.prenhall.com/chet_underwood_schoollaw_1/42/10992/2813970.cw/index.html

Article 11, Nevada Constitution. (n.d.). Retrieved January 26, 2018, from
https://ballotpedia.org/Article_11,_Nevada_Constitution